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3500 Civil Procedure Forms
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Petition for Writ of Habeas Corpus by a Person in State Custody

Define Habeas Corpus In In Allegheny

Category:

Civil Procedure - Habeas Corpus

State:

Multi-State

County:

Allegheny

Control #:

US-00277

Format:

Instant download

Description

The form petition for writ of habeas corpus by a person in state custody defines habeas corpus as a legal mechanism allowing individuals to challenge their detention and seek relief from unlawful imprisonment. This form is specifically utilized in Allegheny to assert claims regarding unconstitutional confinement, particularly when a petitioner believes their guilty plea was not voluntary or that they received ineffective assistance from their counsel. Key features of the form include sections for identifying the petitioner and respondents, detailing the grounds for relief—including arguments regarding mental capacity and the adequacy of legal representation. The form comes with specific instructions for filling out each section accurately and managing supporting documentation, such as affidavits. For attorneys, partners, owners, associates, paralegals, and legal assistants, this form is crucial for advocating for clients who may be experiencing mental illness that impacts their competency or for those who believe their rights have been violated during the judicial process. It provides a structured approach to presenting a case for review, ensuring procedural compliance while allowing for the inclusion of relevant evidence that supports the claims made.

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FAQ

If an inmate meets all the requirements to file a petition for writ of habeas corpus, they will file their petition in the superior court in the court of conviction. Within 60 days, the court will review the petition to determine if the inmate raised a prima facie case entitling them to relief.

(A) A petition for writ of habeas corpus challenging the legality of the petitioner's detention or confinement in a criminal matter shall be filed with the clerk of courts of the judicial district in which the order directing the petitioner's detention or confinement was entered.

In order to file a petition for habeas corpus in federal court, you must satisfy the following conditions: You must be duly convicted prisoner serving time in a Pennsylvania prison; The writ must first be filed in Pennsylvania Supreme Court; You must have exhausted all other appeal options;

State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.

The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.

Rule 212.2 - Pre-Trial Statement (a) Each party shall file and serve upon all other parties a written pre-trial statement in conformity with the requirements of Pa. R.C.P.

Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention.

Rule 236 - Notice by Prothonotary of Entry of Order or Judgment (a) The prothonotary shall immediately give written notice of the entry of (1) a judgment entered by confession to the defendant by ordinary mail together with a copy of all documents filed with the prothonotary in support of the confession of judgment.

The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.

Rule 212.2 - PRE-TRIAL CONFERENCE (a) Pre-trial conferences shall be mandatory in all contested civil actions listed for trial by jury, and shall be held in the chambers of the Judge for the purposes set forth in Pa.